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1 THE STATE COURT OF COBB COUNTY, GEORGIA THIS IS A COURT ORDERED LEGAL NOTICE You may be affected by a class action lawsuit if you received a payday loan from or had a loan serviced by Georgia Cash America, Inc. or Cash America International, Inc. (collectively, Cash America Defendants ). If you received a loan from the Cash America Defendants you could receive benefits from a class action lawsuit. This notice is to inform you that the State Court of Cobb County, Georgia has certified a Class, or group of Plaintiffs, in a lawsuit called Greene, et al v. Georgia Cash America, Inc. et al., Case No. 2004A , and has scheduled the case for a jury trial. This case involves a dispute over the legality and enforceability of so-called payday loans in the State of Georgia from October 9, 2001 through April 1, James H. Greene and Mennie Johnson sued Cash America and other Defendants alleging that they made improper and unlawful payday loans. There is no money available now and no guarantee that there will be. The court has not decided whether the Defendants did anything wrong. That will be decided later. But your legal rights are affected, and you have a choice to make now: Do Nothing Ask to Be Excluded Your Options Stay in the lawsuit and await the outcome. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or settlement. But you will give up any rights to sue the Cash America Defendants separately about the same legal claims in this lawsuit. Get out of the lawsuit. Get no benefits from it. If you ask to be excluded and money or benefits are later awarded at trial or obtained through a settlement, you won t share in those. But you will keep any rights you may have to sue the Cash America Defendants separately about the same legal claims in this lawsuit. Your options are explained in this notice. To ask to be excluded from this class, you must act before January 30, 2012 and return the form attached hereto. Lawyers for the class must prove the claims against the Cash America Defendants at a trial. If money or benefits are obtained as a result of a trial or settlement, you will be notified about how to request and receive a share of the judgment or settlement. We don t know how long this will take. A jury trial has been set for March 5, 2012, beginning at 9:00 am. Any questions? Read on and visit for details. 1

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION PAGE 3 1. Why did I receive the notice? 2. What is a class action and who is involved? 3. Why is this lawsuit a class action? WHAT IS THIS LAWSUIT ABOUT? PAGE 4 4. What are Plaintiffs Claims in this Lawsuit? 5. How do the Defendants respond? 6. Has the court decided who is right? 7. What are the Plaintiffs asking for? 8. Is there any money available now? WHO IS IN THE CLASS? PAGE 4 9. Am I part of this class? YOUR RIGHTS AND OPTIONS PAGE What happens if I do nothing at all? 11. Why would I ask to be excluded? 12. How do I ask the court to exclude me from the class? THE LAWYERS REPRESENTING YOU PAGE Do I have a lawyer in this case? 14. Should I get my own lawyer? 15. How will the lawyers be paid? THE TRIAL PAGE How and when will the court decide who is right? 17. Do I have to come to the trial? 18. Will I get money after the trial? GETTING MORE INFORMATION PAGE How can I get more information? 2

3 BASIC INFORMATION 1. Why did I receive the notice? You have been identified as a potential class member in this lawsuit. This case involves a dispute over the legality and enforceability of so called payday loans which are prohibited in whatever form transacted. (O.C.G.A (a)). The Plaintiffs, James H. Greene and Mennie Johnson, have sued the Cash America Defendants, alleging that the Defendants made improper payday loans and collected improper interest and fees on the loans. Records indicate that you may have received such a loan from the Cash America Defendants or its affiliates. The court has allowed, or certified, the lawsuit to proceed as a class action. Cobb County State Court Judge Toby Prodgers is overseeing this class action. This notice was sent to you under the court s direction to inform you that you may have legal rights and options to exercise before the court conducts a trial. The trial is to decide whether the claims being made against the Cash America Defendants are correct. 2. What is a class action and who is involved? In a class action, one or more people called class representatives (in this case, James H. Greene and Mennie Johnson) sue on behalf of other people and businesses that have similar claims. Together, everyone is the class or class members. The people that sue and all class members are called the Plaintiffs. The companies they sued (in this case the Cash America Defendants) are called the Defendants. Except for those people who choose to exclude themselves from the class, one court resolves the issues for everyone in the lawsuit. 3. Why is this lawsuit a class action? The court decided that this lawsuit can be a class action because it meets the requirements of Rule 23 of the Georgia Civil Practice Act (O.C.G.A ), which governs class actions in Georgia courts. Specifically, the court found that: The Plaintiffs alleged the issuance of over 25,000 payday loans (with improper interest and fees) made by the Cash America Defendants through 21 lending centers located throughout the state of Georgia; There are legal questions and facts that are common to each of the individuals that received loans from the Cash America Defendants; James H. Greene s and Mennie Johnson s claims are typical of the claims of the rest of the class; James H. Greene, Mennie Johnson, and the lawyers representing the class will fairly and adequately represent the class s interests; The common legal questions and facts are more important than questions that affect only individual class members; and This class action will be more efficient than having many individual lawsuits. 3

4 4. What are Plaintiffs claims in the lawsuit? WHAT IS THIS LAWSUIT ABOUT? The Plaintiffs say that the Cash America Defendants, made improper payday loans and charged interest and charged fees on these loans at amounts higher than allowed under the law. In this case, the Plaintiffs claim that to obtain a loan, a borrower had to write a check in the amount of the loan, plus fixed fees. The Cash America Defendants held that check until the loan s maturity date. Then, the borrower either paid cash in the amount of the original check and retrieved the check, paid additional fees to renew the loan until the next payday, or the Defendants cashed the check the borrower wrote. The Plaintiffs contend that the Cash America Defendants made these loans and that these loans, and the interest and fees that accompanied them, were improper. 5. How Do the Cash America Defendants respond? Cash America Defendants disagree with these claims and deny any wrongdoing. They argue that they were not the lender of the loans but merely marketed and serviced the loans for First National Bank in Brookings (FNB) and Community State Bank (CSB), located in South Dakota. Defendants claim the loans were lawful under federal laws and regulations that permit the South Dakota banks to use interest that are permitted in that state. 6. Has the court decided who is right? NO. The court has not decided whether the Defendants or Plaintiffs are correct. By establishing the class, the court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims through the normal litigation process. 7. What are the Plaintiffs asking for? The Plaintiffs are asking for money damages trebled, interest on all monies paid, forgiveness on unpaid loan balances, punitive damages to punish and deter such behavior in the future and attorneys fees and expenses associated with the litigation. 8. Is there any money available now? NO. No money or benefits are available now because the court has not yet decided whether the Cash America Defendants have done anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will be obtained. If they are, class members will be notified about how to request and receive a share. 9. Am I part of this class? WHO IS IN THE CLASS The Court had determined the class includes the following individuals: All persons in Georgia who obtained a Payday Loan of $3,000 or less that was originated, marketed or serviced by, through or on behalf of the Defendants from October 9, 2001, separated into the following subclasses: (a.) All those who had a loan from the period of October 9, 2001 through May 14, 2004; 4

5 (b.) All persons who had a loan on and after May 15, 2004; and (c.) Any other group(s) of persons the Court may deem necessary to define or distinguish. The judge excluded from the class the following individuals: Persons who have previously obtained a judgment or settled any claims against Defendants concerning these types of claims. 10. What happens if I do nothing at all? YOUR RIGHTS AND OPTIONS You don t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the class. If you remain in the class and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to request and receive a share. Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue the Cash America Defendants about the same claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the court issues and judgments the court makes in this class action. 11. Why would I ask to be excluded? If you exclude yourself from the class which means to remove yourself or opting-out of the class you won t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or any settlement (that may or may not be reached) between the Cash America Defendants and the Plaintiffs. However, you would be able to individually pursue your claims against the Cash America Defendants for alleged violations of Georgia law by making payday loans at your own expense. If you exclude yourself, you will not be legally bound by the court s judgments that have been or might be entered in this case. If you start your own lawsuit against the Cash America Defendants after you exclude yourself, you may have to hire and pay your own lawyer to pursue your claims, and you ll have to prove your claims. If you do exclude yourself so you can initiate your own claims against the Cash America Defendants. YOU MAY BE REQUIRED TO ARBITRATE YOUR CLAIMS. If you want to exclude yourself, you should talk to your own lawyer immediately, because your claims are subject to a statute of limitations. 12. How do I ask the court to exclude me from the class? To ask to be excluded, you must complete the Exclusion Request Form attached hereto (or which can be obtained at and send it by mail to: Cash America Payday Litigation c/o The Garden City Group, Inc. P.O. Box 9827 Dublin, OH You must mail your completed Exclusion Request postmarked by January 30,

6 13. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The court decided that the law firm of Barnes Law Group, L.L.C. and its lawyers Roy E. Barnes and John R. Bevis are qualified to represent you and all class members. Barnes Law Group, L.L.C. is called class counsel. The firm is experienced in handling similar cases against other payday lending companies. More information about these lawyers and law firms, their practices, and their experience is available at Should I get my own lawyer? You don t need to hire your own lawyer because class counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in court for you if you want someone other than class counsel to speak for you. 15. How will the lawyers be paid? If money or benefits are obtained for the class, class counsel may ask the Jury or court for fees and expenses. You won t have to pay these fees and expenses. If the court grants class counsels request, the fees and expenses would be either deducted from any money obtained for the class or paid separately by the Cash America Defendants. THE TRIAL 16. How and when will the court decide who is right? As long as the case isn t resolved by a settlement or otherwise, class counsel will have to prove the Plaintiffs claims at a trial. A jury or the judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or the Defendant are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money from the class. The court has scheduled a trial for March 5, Do I have to come to the trial? No, you don t need to attend the trial unless you want to. Class counsel will present the case for the Plaintiffs, and the lawyers for the Cash America Defendants will present the defenses. You or your own lawyer are welcome to come at your own expense. 18. Will I get money after the trial? If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how you may request and receive your share. We don t know how long this will take. 6

7 19. How can I get more information? GETTING MORE INFORMATION Visit where you will find the court s Order granting Class Certification, as well as an Exclusion Request Form and additional information. You may also speak to one of the lawyers by calling 855 BARNES LAW ( ), or by writing to: Cash America Payday Litigation c/o Barnes Law Group, LLC 31 Atlanta Street Marietta, Georgia

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